A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal History] Violation of the Traffic Act (Drinking 2009): A fine of 1.5 million won for a violation of the Road Traffic Act (Drinking 1.5 million won): A fine of 1.5 million won for a violation of the Road Traffic Act (Drinking 201): the Busan District Court's decision on August 18, 2016: imprisonment with prison labor for 10 months/ suspended execution, 2 years for additional collection of 10 million won: A final judgment on February 8, 2018 / [criminal] The defendant was under the influence of alcohol concentration of 0.075% while he was under the influence of alcohol concentration in blood, and driving a vehicle from the Young-gu, Kimhae-si at around 23:47 on December 23, 2017 to the road of 2 meters in front of the household that is located outside the west-si, Kim-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving alcohol;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Punishment of imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentence of Article 62-2 of the Criminal Act to be imposed on the former sentence of ten months: Imprisonment with prison labor for one year or a suspended sentence of two years, 40 hours in course and community service: Grounds for recidivism during the trial in the preceding case, the degree of alcohol during a lower-ranking period, accumulated records before the court (i.e., one time of a fine for non-licensed driving on one occasion without obtaining a license for driving under the influence of alcohol before and after the judgment): Confession, the relation of concurrent crimes after Article 37 of the Criminal Act, etc.;